Sentencing Guidelines

Punishment of Individuals

Two factors determine an individual's sentence length: the offense level (ranging from a low of 1 to a high of 43) and the person's criminal history score. The offense level is generally based upon the harmfulness of the offense (bodily injury, monetary loss, property damage, and any other resulting harm) and the blame attributable to the offender for the crime in question. Dominant offense roles are more punishable than peripheral ones and negligent behavior is less punishable than willful behavior, for instance. The criminal history score is generally based upon the extent and recentness of one's officially documented criminal past.

If the individual has a long-standing previous criminal record, the incarceration length and amount of fine are increased substantially. Such enhancements were justified by the Commission on the grounds that repeat offenders are more blame-worthy when they commit subsequent offenses and[Page 733] that increased punishments are needed to deter them from future illegalities and to isolate them from society for longer periods.

The Guidelines for individuals work as follows. Most felonies and Class A misdemeanors in the several volumes of the United States Code have been assigned an offense level, although many regulatory violations are not included. However, price fixing, money laundering, mishandling of toxic substances, mail and wire fraud, bribery, and a host of other crimes that are committed for the benefit of an organization are punishable under the Guidelines for individuals. Depending upon explicitly defined aggravating and mitigating factors, the level can be increased or decreased, respectively.

Aggravating Factors

The greatest monetary value associated with the crime (amount stolen or bribed, criminal profit to the offender, loss to the victim), the vulnerability of the victim, and the offender's role in the offense are some of the factors that will increase or decrease the base offense level. The extent to which the offense endangered public welfare (national security, public health or safety) would enhance the level of the offense. Whether the offender abused a position of trust or special skill in the commission of the offense is also an aggravating factor.

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